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MEMORANDUM OF AGREEMENT

SUBJECT : MEMORANDUM OF AGREEMENT BETWEEN THE PHILIPPINE COAST GUARD AND PHILIPPINE NAVY ON THE TRANSFER OF THE HEADQUARTERS, COAST GUARD MINDANAO COMMAND

ACTION REQUESTED:

Favorable consideration and endorsement for the Secretary’s approval and signature on the Memorandum of Agreement signed between the Philippine Navy and Philippine Coast Guard on 12 September 2007 for the transfer of the Headquarters, Coast Guard Mindanao Command to the 3,500 square meters lot inside Naval Station Zamboanga (NSZ).

BACKGROUND:

1. The Headquarters, Coast Guard Mindanao Command (HCGMINCOM), its Enlisted Personnel (EP) Barracks, and the Global Maritime Distress and Safety System (GMDSS) Building are coast guard properties (by virtue of Section 4 of E.O. 477 series of 1998) located inside Naval Station Zamboanga, a unit under the Philippine Navy.

2. While the present set up is very favorable to the Philippine Coast Guard (PCG) in terms of the added layer of security being provided by the Philippine Navy (PN), the latter has other plans. Sometime in 2002 they made it known that they would like for HCGMINCOM to transfer to another location.

3. In the ensuing series of meetings and discussions between the PCG and PN highlighted by the official visit of CPCG to FOIC,PN on 18 April 2007 it was decided to transfer HCGMINCOM and its allied facilities to the 3,500 square meters lot located at the southeasterly boundary of NSZ (please see location map). The 3,500 square meters is equal to the area that will be vacated by HCGMINCOM and the EP Barracks. To effect this agreement a Memorandum of Agreement (MOA) was signed between ADM DAMIAN L CARLOS PCG(Ret), the former Commandant, PCG and VADM ROGELIO I CALUNSAG AFP, Flag Officer-In-Command, PN on 12 September 2007.

4. The salient features of the MOA are:

a. The PCG will be allowed to use and occupy a 3,500 square meters lot inside Naval Station Zamboanga for the purpose of aiding the PN in enhancing maritime security. (The proviso for the purpose was included in order for PN to have a firm footing to justify its authority to give away part of a land which was reserve for military purposes under Presidential Proclamation No. 112 issued on 19 November 1936).
b. PCG to shoulder all cost for the conduct of actual land survey to determine the exact technical description of the allocated parcel of land.
c. PCG to shoulder all cost that would be borne out of the allotted area, such as taxes, utilities, and others.
d. PCG to construct an access roadway with security gate to and from the allotted lot to the adjacent Western Mindanao Command road.
e. The PN shall allow the unhampered access of PCG personnel to the existing Global Maritime Distress and Safety System (GMDSS) Facility, which will remain and operate in its present location until such time that said facility is relocated to its permanent solution.

5. Though the MOA was silent on some issues, the PN Technical Working Group that worked with their PCG counterpart in forging the MOA further agreed on the following provisions:

a. The PN will not oppose any move on the part of the PCG to have the allotted area become a permanent PCG real estate property (i.e. amendment of PP No. 112 or any other legal means).
b. The three (3) buildings inside the area will remain for use of HCGMINCOM.
c. The PN will shoulder the expenses for the dismantling of the old HCGMINCOM Building.

6. However, as there is an existing DND/AFP Regulation requiring that all MOAs entered into by the Major AFP Services must have the approval of the Secretary of National Defense, the transfer of HCGMINCOM will have to be put on hold until said approval has been given.

RECOMMENDATION:

7. In view of the foregoing, the undersigned recommends for the approval and signature of the Honorable Secretary, DOTC on the attached Memorandum of Agreement (MOA).
FOR THE HONORABLE UNDERSECRETARY’S APPROVAL.

VADM DANILO A ABINOJA PCG
Approved/Disapproved

MARIA ELENA H. BAUTISTA
Undersecretary